You must prove your relationship with the abuser, you must also show that you have “good moral character” and that you have suffered physical assault or extreme cruelty.
Eligibility to apply for VAWA includes men and women:
Spouse: If you have been personally abused by a citizen or permanent resident or also your child. Includes children and unmarried youth under the age of 21.
Parents: The law also protects parents of US citizens and permanent residents abused by their children.
Child: Unmarried children under the age of 21 can file a VAWA petition for themselves in domestic abuse cases.
Merely filing the petition will not allow you to work legally. Once the US Citizenship and Immigration Services (USCIS) approves your VAWA petition, USCIS will also give you a legal work permit, known as an "Employment Authorization Document."
If the abuser is a US citizen, you may be able to get a work permit faster than if the abuser is a lawful permanent resident. You may want to discuss the process of getting your work permit with your attorney as once your petition is approved, there may be additional documents you will need to submit, depending on your situation.
When you file a VAWA petition, you may be able to list some of your close family members as "derivatives." If the abuser is:
VAWA cases in same-sex marriages are similar to marriages between men and women. Victims of LGBT domestic violence enjoy the same rights of protection.
Because immigration law is so complicated and the VAWA petition is a special area of immigration law, we strongly encourage you and your domestic violence advocate to work with an attorney who is experienced in WOW. Contact us to help you with this process, the needs of our clients are our priority.
If you are a victim of violence, but are not eligible for a VAWA petition, see the U Visa for Victims of Crime and/or T Visa for Victims of Human Trafficking section of our website to see if it is possible for you to be eligible for any of those immigration benefits. The best way to determine your eligibility is to discuss your personal situation with an immigration attorney.
Because immigration law is so complicated and the VAWA petition is a special area of immigration law, we strongly encourage you and your domestic violence advocate to work with an attorney who is experienced in WOW. Contact us to help you with this process, the needs of our clients are our priority.
Congress created a U visa status in 2000 to help victims of crime. The purpose of the U visa is to encourage crime victims to help law enforcement agencies investigate and prosecute crimes without fear of deportation. The U visa does not cover all crimes, but it does include domestic violence, stalking, sexual assault, and felony assault, among other crimes.
The U visa allows you to legally live in the United States for four years. After three years of having a U visa, you can apply for permanent residence to stay in the United States permanently. (And if you receive your permanent residence, you will eventually be able to apply for US citizenship.)
Victims of any of the following crimes may qualify for a U visa if the crime occurred in the US: rape; torture; traffic; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; stalking; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; illegal criminal restraint; wrongful imprisonment; blackmail; extortion; homicide; murder; felony criminal assault; witness tampering; obstruction of justice; perjury; or attempt, conspire or request that any of the aforementioned crimes be committed.
However, being a victim of one of these crimes does not automatically qualify you.
Eligibility to apply for a U Visa includes men and women:
Merely filing the petition will not allow you to work legally. Once U.S. Citizenship and Immigration Services (USCIS) approves your U Visa petition, USCIS will also give you a legal work permit, known as an "Employment Authorization Document" that is current for the 4 years that the U Visa process lasts.
If the abuser is a US citizen, you may be able to get a work permit faster than if the abuser is a lawful permanent resident. You may want to discuss the process of getting your work permit with your attorney as once your petition is approved, there may be additional documents you will need to submit, depending on your situation.
When you file a U Visa petition, you may be able to list some of your close family members as "derivatives." If the abuser is:
If you applied for your U Visa but later got married, you can list your new spouse as a derivative. If your new spouse has children who were under 18 when you got married, you can include them as well.
Your family members do not have to be victims of crime or have certifications from law enforcement agencies. However, they must show that they are not barred from obtaining status due to the “grounds of inadmissibility”.
Because immigration law is so complicated and the U Visa petition is a special area of immigration law, we strongly encourage you to work with an experienced U Visa attorney. Contact us to help you with this process. , the needs of our customers are our priority.
If the abuser is a US citizen, you may be able to get a work permit faster than if the abuser is a lawful permanent resident. You may want to discuss the process of getting your work permit with your attorney as once your petition is approved, there may be additional documents you will need to submit, depending on your situation.
If you are a US citizen, you can apply for certain members of your family to obtain lawful permanent residence (Green Cards). Becoming a lawful permanent resident is a two-part process. You must file Form I-130, Petition for Alien Relative, and your relative must file Form I-485, Application to Register Permanent Residence or Adjust Status, to receive an immigrant visa through the Department of State.
Filing a petition for a family member and demonstrating an eligible family relationship gives your family member a waiting slot along with other people from the same country or region who are hoping to immigrate based on the same type of family relationship. When it is your family member's visa turn, they may be eligible to immigrate after passing the required background check and satisfying the admission requirements.
As a US citizen, you can apply for the following
Immediate Relatives:
Preferred Relatives:
Congress has limited the number of family members who can immigrate annually under these categories, which means there is usually a waiting period before an immigrant visa number is available.
Legal Permanent Residency is a status that allows people who qualify to work and live in the United States. In addition, it is a basic requirement to apply for citizenship.
NOTE: Keep in mind that being a Legal Permanent Resident does NOT mean that you will be one forever or that you can live permanently in the country. If you commit certain faults, you could lose your Residence. Contact us so you don't lose your status and support you in the Citizenship process.
Please note that if you file your request after your most recent DACA period has expired, but within one year of its expiration, you may file a DACA renewal request. If you are filing your request more than a year after your most recent DACA period expired, you can still do so by filing a new initial request.
USCIS recommends that DACA recipients submit their renewal requests between 120 and 150 days before their current DACA expires.
Work permits are only available in combination with an immigration status you already have, or in conjunction with an application to USCIS for immigration status. Common immigration status/applications include:
Renewals must be submitted 90 days prior to the expiration of your current work permit.
United States Citizenship is a status granted to Lawful Permanent Residents who meet all the requirements and pass the Citizenship and Immigration Service (USCIS) citizenship test.
Generally, a Lawful Permanent Resident can apply for citizenship when:
The exam is administered by a USCIS officer and consists of two parts:
After passing the exam, USCIS will notify you of its decision, and if approved, you will be scheduled for the naturalization ceremony. There he will take the oath of allegiance and then receive his certificate of naturalization, official evidence that he is already a US citizen.
You are in good hands, we are your allies.
